1.1 	A bill for an act
1.2 	relating to public safety; modifying implied consent, driving while impaired, 
1.3 	and ignition interlock provisions;amending Minnesota Statutes 2008, sections 
1.4 	169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding 
1.5 	a subdivision; 169A.60, subdivision 1; 171.09; 171.30, subdivisions 1, 2a, 
1.6 	4; 171.306, as amended; 609.131, subdivision 2; Minnesota Statutes 2009 
1.7 	Supplement, sections 169A.275, subdivision 7; 169A.54, subdivision 1; 
1.8 	repealing Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, 
1.9 	subdivision 1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7, 
1.10 	8, 9, 10, 11.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2009 Supplement, section 169A.275, subdivision 7, 
1.13 	is amended to read:
1.14 		Subd. 7.Exception. (a) A judge is not required to sentence a person as provided in 
1.15 	this section subdivisions 1 to 4 if the judge requires the person as a condition of probation 
1.16 	to drive only motor vehicles equipped with an ignition interlock device meeting the 
1.17 	standards described in section 171.306.
1.18 	(b) This subdivision expires July 1, 2011.

1.19 	EFFECTIVE DATE. This section is effective July 1, 2011.

1.20 	Sec. 2. Minnesota Statutes 2008, section 169A.52, subdivision 3, is amended to read:
1.21 		Subd. 3.Test refusal; license revocation. (a) Upon certification by the peace 
1.22 	officer that there existed probable cause to believe the person had been driving, operating, 
1.23 	or in physical control of a motor vehicle in violation of section 169A.20 (driving while 
1.24 	impaired), and that the person refused to submit to a test, the commissioner shall revoke 
1.25 	the person's license or permit to drive, or nonresident operating privilege, for a period of 
2.1 	one year even if a test was obtained pursuant to this section after the person refused to 
2.2 	submit to testing. The commissioner shall revoke the license, permit, or nonresident 
2.3 	operating privilege:
2.4 	(1) for a person with no qualified prior impaired driving incidents within the past ten 
2.5 	years, for a period of not less than one year;
2.6 	(2) for a person under the age of 21 years and with no qualified prior impaired 
2.7 	driving incidents within the past ten years, for a period of not less than one year;
2.8 	(3) for a person with one qualified prior impaired driving incident within the past 
2.9 	ten years, or two qualified prior impaired driving incidents, for a period of not less than 
2.10 	two years;
2.11 	(4) for a person with two qualified prior impaired driving incidents within the past 
2.12 	ten years, or three qualified prior impaired driving incidents, for a period of not less than 
2.13 	three years;
2.14 	(5) for a person with three qualified prior impaired driving incidents within the past 
2.15 	ten years, for a period of not less than four years; or
2.16 	(6) for a person with four or more qualified prior impaired driving incidents, for a 
2.17 	period of not less than six years.
2.18 	(b) Upon certification by the peace officer that there existed probable cause to 
2.19 	believe the person had been driving, operating, or in physical control of a commercial 
2.20 	motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving 
2.21 	while impaired), and that the person refused to submit to a test, the commissioner shall 
2.22 	disqualify the person from operating a commercial motor vehicle and shall revoke the 
2.23 	person's license or permit to drive or nonresident operating privilege according to the 
2.24 	federal regulations adopted by reference in section 171.165, subdivision 2.

2.25 	EFFECTIVE DATE. This section is effective July 1, 2011.

2.26 	Sec. 3. Minnesota Statutes 2008, section 169A.52, subdivision 4, is amended to read:
2.27 		Subd. 4.Test failure; license revocation. (a) Upon certification by the peace 
2.28 	officer that there existed probable cause to believe the person had been driving, operating, 
2.29 	or in physical control of a motor vehicle in violation of section 169A.20 (driving 
2.30 	while impaired) and that the person submitted to a test and the test results indicate an 
2.31 	alcohol concentration of 0.08 or more or the presence of a controlled substance listed in 
2.32 	schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then 
2.33 	the commissioner shall revoke the person's license or permit to drive, or nonresident 
2.34 	operating privilege:
3.1 	(1) for a period of 90 not less than 180 days, or, if the test results indicate an alcohol 
3.2 	concentration of 0.15 or more, not less than one year;
3.3 	(2) if the person is under the age of 21 years, for a period of six months not less than 
3.4 	180 days or, if the test results indicate an alcohol concentration of 0.15 or more, not 
3.5 	less than one year;
3.6 	(3) for a person with a one qualified prior impaired driving incident within the past 
3.7 	ten years, or two qualified prior impaired driving incidents, for a period of 180 days
3.8 	not less than two years; or
3.9 	(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice 
3.10 	the applicable period in clauses (1) to (3). for a person with two qualified prior impaired 
3.11 	driving incidents within the past ten years, or three qualified prior impaired driving 
3.12 	incidents, for a period of not less than three years;
3.13 	(5) for a person with three qualified prior impaired driving incidents within the past 
3.14 	ten years, for a period of not less than four years; or
3.15 	(6) for a person with four or more qualified prior impaired driving incidents, for a 
3.16 	period of not less than six years.
3.17 	(b) On certification by the peace officer that there existed probable cause to believe 
3.18 	the person had been driving, operating, or in physical control of a commercial motor 
3.19 	vehicle with any presence of alcohol and that the person submitted to a test and the 
3.20 	test results indicated an alcohol concentration of 0.04 or more, the commissioner shall 
3.21 	disqualify the person from operating a commercial motor vehicle under section 171.165
3.22 	(commercial driver's license disqualification).
3.23 	(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau 
3.24 	of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood 
3.25 	or urine sample, the laboratory may directly certify to the commissioner the test results, 
3.26 	and the peace officer shall certify to the commissioner that there existed probable cause to 
3.27 	believe the person had been driving, operating, or in physical control of a motor vehicle 
3.28 	in violation of section 169A.20 and that the person submitted to a test. Upon receipt 
3.29 	of both certifications, the commissioner shall undertake the license actions described 
3.30 	in paragraphs (a) and (b).

3.31 	EFFECTIVE DATE. This section is effective July 1, 2011.

3.32 	Sec. 4. Minnesota Statutes 2009 Supplement, section 169A.54, subdivision 1, is 
3.33 	amended to read:
3.34 		Subdivision 1.Revocation periods for DWI convictions. Except as provided in 
3.35 	subdivision 7, the commissioner shall revoke the driver's license of a person convicted 
4.1 	of violating section 169A.20 (driving while impaired) or an ordinance in conformity 
4.2 	with it, as follows:
4.3 	(1) for an offense under section 169A.20, subdivision 1 (driving while impaired 
4.4 	crime):, not less than 30 90 days;
4.5 	(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to 
4.6 	chemical test crime):, not less than 90 days one year;
4.7 	(3) for an offense occurring within ten years of a qualified prior impaired driving 
4.8 	incident:, or occurring after two qualified prior impaired driving incidents, 
4.9 	(i) if the current conviction is for a violation of section 169A.20, subdivision 1, 1a, 
4.10 	1b, or 1c, not less than 180 days two years and until the court has certified that treatment 
4.11 	or rehabilitation has been successfully completed where prescribed in accordance with 
4.12 	section 169A.70 (chemical use assessments); or
4.13 	(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 
4.14 	less than one year and until the court has certified that treatment or rehabilitation has been 
4.15 	successfully completed where prescribed in accordance with section 169A.70;
4.16 	(4) for an offense occurring within ten years of the first of two qualified prior 
4.17 	impaired driving incidents: or occurring after three qualified prior impaired driving 
4.18 	incidents, not less than one year three years, together with denial under section 171.04, 
4.19 	subdivision 1, clause (10), until rehabilitation is established in accordance with according 
4.20 	to standards established by the commissioner; or
4.21 	(5) for an offense occurring within ten years of the first of three or more qualified 
4.22 	prior impaired driving incidents:, not less than two four years, together with denial under 
4.23 	section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 
4.24 	with according to standards established by the commissioner; or
4.25 	(6) for an offense occurring after four or more qualified prior impaired driving 
4.26 	incidents, not less than six years, together with denial under section 171.04, subdivision 
4.27 	1, clause (10), until rehabilitation is established according to standards established by 
4.28 	the commissioner.

4.29 	EFFECTIVE DATE. This section is effective July 1, 2011.

4.30 	Sec. 5. Minnesota Statutes 2008, section 169A.54, subdivision 2, is amended to read:
4.31 		Subd. 2.Driving while impaired by person under age 21. If the person convicted 
4.32 	of violating section 169A.20 (driving while impaired) is under the age of 21 years at the 
4.33 	time of the violation, the commissioner shall revoke the offender's driver's license or 
4.34 	operating privileges for a period of six months not less than 180 days or for the appropriate 
5.1 	period of time under subdivision 1, clauses (1) to (5) (6), for the offense committed, 
5.2 	whichever is the greatest longer period. 

5.3 	EFFECTIVE DATE. This section is effective July 1, 2011.

5.4 	Sec. 6. Minnesota Statutes 2008, section 169A.54, subdivision 5, is amended to read:
5.5 		Subd. 5.Violations involving alcohol concentration of 0.20 0.15 or more. If the 
5.6 	person has no qualified prior impaired driving incidents within the past ten years and is 
5.7 	convicted of violating section 169A.20 (driving while impaired) while having an alcohol 
5.8 	concentration of 0.20 0.15 or more as measured at the time, or within two hours of the 
5.9 	time, of the offense, the commissioner shall revoke the person's driver's license for twice 
5.10 	the period of time otherwise provided for in this section not less than one year. 

5.11 	EFFECTIVE DATE. This section is effective July 1, 2011.

5.12 	Sec. 7. Minnesota Statutes 2008, section 169A.55, is amended by adding a subdivision 
5.13 	to read:
5.14 		Subd. 4.Reinstatement of driving privileges; multiple incidents. (a) A person 
5.15 	whose driver's license has been canceled or denied as a result of three or more qualified 
5.16 	impaired driving incidents shall not be eligible for reinstatement of driving privileges 
5.17 	without an ignition interlock restriction until the person:
5.18 	(1) has completed rehabilitation according to rules adopted by the commissioner or 
5.19 	been granted a variance from the rules by the commissioner; and
5.20 	(2) has submitted verification of abstinence from alcohol and controlled substances, 
5.21 	as evidenced by the person's use of an ignition interlock device or other chemical 
5.22 	monitoring device approved by the commissioner.
5.23 	(b) The verification of abstinence must show that the person has abstained from the 
5.24 	use of alcohol and controlled substances for a period of not less than:
5.25 	(1) three years, for a person whose driver's license was canceled or denied for an 
5.26 	offense occurring within ten years of the first of two qualified prior impaired driving 
5.27 	incidents, or occurring after three qualified prior impaired driving incidents;
5.28 	(2) four years, for a person whose driver's license was canceled or denied for an 
5.29 	offense occurring within ten years of the first of three qualified prior impaired driving 
5.30 	incidents; or
5.31 	(3) six years, for a person whose driver's license was canceled or denied for an 
5.32 	offense occurring after four or more qualified prior impaired driving incidents.
6.1 	(c) The commissioner shall establish performance standards and a process for 
6.2 	certifying chemical monitoring devices. The standards and procedures are not rules and 
6.3 	are exempt from chapter 14, including section 14.386.

6.4 	EFFECTIVE DATE. This section is effective July 1, 2011.

6.5 	Sec. 8. Minnesota Statutes 2008, section 169A.60, subdivision 1, is amended to read:
6.6 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
6.7 	meanings given in this subdivision.
6.8 	(b) "Family or household member" has the meaning given in section 169A.63, 
6.9 	subdivision 1.  
6.10 	(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in 
6.11 	operation or an off-road recreational vehicle.
6.12 	(d) "Plate impoundment violation" includes:
6.13 	(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license 
6.14 	revocation for test failure or refusal), or a conformingan ordinance from this state or a 
6.15 	conforming statute or ordinance from another state in conformity with either of those 
6.16 	sections, that results in the revocation of a person's driver's license or driving privileges, 
6.17 	within ten years of a qualified prior impaired driving incident;  
6.18 	(2) a refusal to submit to a chemical test under section 169A.52 or a violation of 
6.19 	section 169A.20, subdivision 2, or an ordinance from this state or a statute or ordinance 
6.20 	from another state in conformity with either of those sections, that results in the revocation 
6.21 	of a person's driver's license or driving privileges;
6.22 	(3) a license disqualification under section 171.165 (commercial driver's license 
6.23 	disqualification) resulting from a violation of section 169A.52 within ten years of a 
6.24 	qualified prior impaired driving incident;  
6.25 	(3) (4) a violation of section 169A.20 or 169A.52 while having an alcohol 
6.26 	concentration of 0.20 0.15 or more as measured at the time, or within two hours of the 
6.27 	time, of the offense;  
6.28 	(4) (5) a violation of section 169A.20 or 169A.52 while having a child under the age 
6.29 	of 16 in the vehicle if the child is more than 36 months younger than the offender; and or
6.30 	(5) (6) a violation of section 171.24 (driving without valid license) by a person 
6.31 	whose driver's license or driving privileges have been canceled or denied under section 
6.32 	171.04, subdivision 1, clause (10) (persons not eligible for driver's license, inimical to 
6.33 	public safety).  
6.34 	(e) "Violator" means a person who was driving, operating, or in physical control of 
6.35 	the motor vehicle when the plate impoundment violation occurred.

7.1 	EFFECTIVE DATE. This section is effective July 1, 2011.

7.2 	Sec. 9. Minnesota Statutes 2008, section 171.09, is amended to read:
7.3 	171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
7.4 		Subdivision 1.Authority; violations. (a) The commissioner, when good cause 
7.5 	appears, may impose restrictions suitable to the licensee's driving ability or other 
7.6 	restrictions applicable to the licensee as the commissioner may determine to be appropriate 
7.7 	to assure the safe operation of a motor vehicle by the licensee.
7.8 	(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant 
7.9 	for a commercial driver's license either does not successfully complete the air brake 
7.10 	component of the knowledge test, or does not successfully complete the skills test 
7.11 	in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal 
7.12 	Regulations, title 49, part 384, the department shall indicate on the class C, class B, 
7.13 	or class A commercial driver's license, if issued, that the individual is restricted from 
7.14 	operating a commercial motor vehicle equipped with air brakes.
7.15 	(c) Upon receiving satisfactory evidence of any violation of the restrictions on the 
7.16 	license, the commissioner may suspend or revoke the license. A license suspension under 
7.17 	this section is subject to section 171.18, subdivisions 2 and 3.
7.18 	(d) A person who drives, operates, or is in physical control of a motor vehicle while 
7.19 	in violation of the restrictions imposed in a restricted driver's license issued to that person 
7.20 	under this section is guilty of a crime as follows:
7.21 	(1) if the restriction relates to the possession or consumption of alcohol or controlled 
7.22 	substances, the person is guilty of a gross misdemeanor; or
7.23 	(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.
7.24 	(e) It is a misdemeanor for a person who holds a restricted license issued under 
7.25 	section 171.306 to drive, operate, or be in physical control of any motor vehicle that is not 
7.26 	equipped with a functioning ignition interlock device certified by the commissioner.

7.27 	EFFECTIVE DATE. This section is effective July 1, 2011.

7.28 	Sec. 10. Minnesota Statutes 2008, section 171.30, subdivision 1, is amended to read:
7.29 		Subdivision 1.Conditions of issuance. (a) In any case where a person's license 
7.30 	has been suspended under section 171.18, 171.173, or 171.186, or; revoked under section 
7.31 	169.792,;169.797,;169A.52, 169A.54, subdivision 3, paragraph (a), clause (4), (5), 
7.32 	or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6);171.17,; or 171.172,; or 
7.33 	revoked, canceled, or denied under section 169A.54, subdivision 1, clause (4), (5), or (6), 
8.1 	the commissioner may issue a limited license to the driver including under the following 
8.2 	conditions:
8.3 	(1) if the driver's livelihood or attendance at a chemical dependency treatment or 
8.4 	counseling program depends upon the use of the driver's license;
8.5 	(2) if the use of a driver's license by a homemaker is necessary to prevent the 
8.6 	substantial disruption of the education, medical, or nutritional needs of the family of 
8.7 	the homemaker; or
8.8 	(3) if attendance at a postsecondary institution of education by an enrolled student of 
8.9 	that institution depends upon the use of the driver's license.
8.10 	(b) The commissioner in issuing a limited license may impose such conditions and 
8.11 	limitations as in the commissioner's judgment are necessary to the interests of the public 
8.12 	safety and welfare including reexamination as to the driver's qualifications. The license 
8.13 	may be limited to the operation of particular vehicles, to particular classes and times of 
8.14 	operation, and to particular conditions of traffic. The commissioner may require that an 
8.15 	applicant for a limited license affirmatively demonstrate that use of public transportation 
8.16 	or carpooling as an alternative to a limited license would be a significant hardship.
8.17 	(c) For purposes of this subdivision, "homemaker" refers to the person primarily 
8.18 	performing the domestic tasks in a household of residents consisting of at least the person 
8.19 	and the person's dependent child or other dependents.
8.20 	(d) The limited license issued by the commissioner shall clearly indicate the 
8.21 	limitations imposed and the driver operating under the limited license shall have the 
8.22 	license in possession at all times when operating as a driver.
8.23 	(e) In determining whether to issue a limited license, the commissioner shall 
8.24 	consider the number and the seriousness of prior convictions and the entire driving record 
8.25 	of the driver and shall consider the number of miles driven by the driver annually.
8.26 	(f) If the person's driver's license or permit to drive has been revoked under 
8.27 	section 169.792 or 169.797, the commissioner may only issue a limited license to the 
8.28 	person after the person has presented an insurance identification card, policy, or written 
8.29 	statement indicating that the driver or owner has insurance coverage satisfactory to 
8.30 	the commissioner of public safety. The commissioner of public safety may require 
8.31 	the insurance identification card provided to satisfy this subdivision be certified by the 
8.32 	insurance company to be noncancelable for a period not to exceed 12 months.
8.33 	(g) The limited license issued by the commissioner to a person under section 
8.34 	171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner 
8.35 	must not issue a limited license to a person who previously has been issued a limited 
8.36 	license under section 171.186, subdivision 4.
9.1 	(h) The commissioner shall not issue a limited driver's license to any person 
9.2 	described in section 171.04, subdivision 1, clause (6), (7), (8), (10), (11), or (14).
9.3 	(i) The commissioner shall not issue a class A, class B, or class C limited license.

9.4 	EFFECTIVE DATE. This section is effective July 1, 2011.

9.5 	Sec. 11. Minnesota Statutes 2008, section 171.30, subdivision 2a, is amended to read:
9.6 		Subd. 2a.Other waiting periods. Notwithstanding subdivision 2, a limited license 
9.7 	shall not be issued for a period of:
9.8 	(1) 15 days, to a person whose license or privilege has been revoked or suspended 
9.9 	for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance 
9.10 	from another state in conformity with either of those sections;
9.11 	(2) 90 30 days, to a person who submitted to testing under sections 169A.50 to 
9.12 	169A.53 if the person's license or privilege has been revoked or, suspended, canceled, 
9.13 	or denied for a second third violation within ten years or a third fourth or subsequent 
9.14 	violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance from 
9.15 	another state in conformity with either one of those sections;
9.16 	(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53
9.17 	if the person's license or privilege has been revoked or suspended for a second violation 
9.18 	within ten years or a third or subsequent violation of sections 169A.20, 169A.50 to 
9.19 	169A.53, or a statute or ordinance from another state in conformity with either of those 
9.20 	sections; or
9.21 	(4) (2) one year, to a person whose license or privilege has been revoked or 
9.22 	suspended for committing manslaughter resulting from the operation of a motor vehicle, 
9.23 	committing criminal vehicular homicide or injury under section 609.21, or violating a 
9.24 	statute or ordinance from another state in conformity with either of those offenses.

9.25 	EFFECTIVE DATE. This section is effective July 1, 2011.

9.26 	Sec. 12. Minnesota Statutes 2008, section 171.30, subdivision 4, is amended to read:
9.27 		Subd. 4.Penalty. A person who violates a condition or limitation of a limited 
9.28 	license issued under subdivision 1 or fails to have the license in immediate possession at 
9.29 	all times when operating a motor vehicle is guilty of a misdemeanor. In addition, except as 
9.30 	otherwise provided in the ignition interlock program under section 171.306, a person who 
9.31 	violates a condition or limitation of a limited license may not operate a motor vehicle for 
9.32 	the remainder of the period of suspension or revocation, or 30 days, whichever is longer.

9.33 	EFFECTIVE DATE. This section is effective July 1, 2011.

10.1 	Sec. 13. Minnesota Statutes 2008, section 171.306, as amended by Laws 2009, chapter 
10.2 	29, sections 2 and 3, is amended to read:
10.3 	171.306 IGNITION INTERLOCK DEVICE PILOT PROJECT PROGRAM.
10.4 		Subdivision 1.Pilot project established; reports Definitions. The commissioner 
10.5 	shall conduct a statewide two-year ignition interlock device pilot project as provided 
10.6 	in this section. The pilot project must begin on July 1, 2009, and continue until June 
10.7 	30, 2011. The commissioner shall submit a preliminary report by September 30, 2010, 
10.8 	and a final report by September 30, 2011, to the chairs and ranking minority members 
10.9 	of the senate and house of representatives committees having jurisdiction over criminal 
10.10 	justice policy and funding. The reports must evaluate the successes and failures of the 
10.11 	pilot project, provide information on participation rates, and make recommendations on 
10.12 	continuing the project. (a) As used in this section, the terms in this subdivision have 
10.13 	the meanings given them.
10.14 	(b) "Ignition interlock device" or "device" means equipment that is designed to 
10.15 	measure breath alcohol concentration and to prevent a motor vehicle's ignition from being 
10.16 	started by a person whose breath alcohol concentration measures 0.02 or higher on the 
10.17 	equipment.
10.18 	(c) "Program participant" means a person whose driver's license has been revoked, 
10.19 	canceled, or denied under section 169A.52 or 169A.54, and who has qualified to take part 
10.20 	in the ignition interlock program under this section.
10.21 	(d) "Qualified prior impaired driving incident" has the meaning given in section 
10.22 	169A.03, subdivision 22.
10.23 		Subd. 2.Performance standards; certification. The commissioner shall 
10.24 	determine appropriate establish performance standards and a certification process for 
10.25 	ignition interlock certifying devices for used in the pilot project. Only devices certified 
10.26 	by the commissioner as meeting the performance standards may be used in the pilot 
10.27 	project. ignition interlock program. The manufacturer of a device must apply annually 
10.28 	for certification of the device by submitting the form prescribed by the commissioner. 
10.29 	The commissioner shall require manufacturers of certified devices to provide device 
10.30 	installation, servicing, and monitoring to indigent program participants at a discounted 
10.31 	rate, according to the standards established by the commissioner.
10.32 		Subd. 3.Pilot project components Program requirements. (a) Under the pilot 
10.33 	project, the commissioner shall issue a driver's license to an individual whose driver's 
10.34 	license has been revoked under chapter 169A for an impaired driving incident if the 
10.35 	person qualifies under this section and agrees to all of the conditions of the project. The 
10.36 	commissioner shall establish guidelines for participation in the ignition interlock program. 
11.1 	A person who seeks to participate in the program shall sign a written acknowledgment that 
11.2 	the person has received, reviewed, and agreed to abide by the program guidelines.
11.3 	(b) The commissioner must denote the person's driver's license enter a notation 
11.4 	on a person's driving record to indicate that the person's participation in the person is a
11.5 	program participant. The license must authorize the person to drive only vehicles having 
11.6 	functioning ignition interlock devices conforming with the requirements of subdivision 2.
11.7 	(c) Notwithstanding any statute or rule to the contrary, the commissioner has 
11.8 	authority to and shall determine the appropriate period for which a person participating 
11.9 	in the ignition interlock pilot program shall be subject to this program, and when the 
11.10 	person is eligible to be issued: A person under the age of 18 years is not eligible to be a 
11.11 	program participant.
11.12 	(1) a limited driver's license subject to the ignition interlock restriction;
11.13 	(2) full driving privileges subject to the ignition interlock restriction; and
11.14 	(3) a driver's license without an ignition interlock restriction.
11.15 	(d) A program participant shall pay costs associated with an ignition interlock device 
11.16 	on every motor vehicle that the participant operates or intends to operate.
11.17 	(e) A person participating in this pilot project program participant shall agree to
11.18 	participate in any treatment recommended byin a chemical use assessment report.
11.19 	(e) The commissioner shall determine guidelines for participation in the project. 
11.20 	A person participating in the project shall sign a written agreement accepting these 
11.21 	guidelines and agreeing to comply with them.
11.22 	(f) It is a misdemeanor for a person who is licensed under this section for driving 
11.23 	a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 
11.24 	control of a motor vehicle other than a vehicle properly equipped with anA program 
11.25 	participant shall bring the device-equipped motor vehicle or vehicles operated by the 
11.26 	program participant to an approved service provider for device calibration and servicing 
11.27 	according to the schedule established by the commissioner and as indicated by the ignition 
11.28 	interlock device.
11.29 		Subd. 4.Issuance of restricted license. (a) The commissioner shall issue a class 
11.30 	D driver's license, subject to the applicable limitations and restrictions of this section, 
11.31 	to a program participant who meets the requirements of this section and the program 
11.32 	guidelines. The commissioner shall not issue a license unless the program participant has 
11.33 	provided satisfactory proof that a certified ignition interlock device has been installed on 
11.34 	the participant's motor vehicle at an installation service center designated by the device's 
11.35 	manufacturer. A license issued under authority of this section must contain a restriction 
11.36 	prohibiting the program participant from driving, operating, or being in physical control of 
12.1 	any motor vehicle not equipped with a functioning ignition interlock device certified by 
12.2 	the commissioner.
12.3 	(b) A program participant whose driver's license has been revoked under section 
12.4 	169A.52, subdivision 3, paragraph (a), clause (1) or (2), or subdivision 4, paragraph (a), 
12.5 	clause (1) or (2), or section 169A.54, subdivision 1, clause (1) or (2), may apply, after 15 
12.6 	days of the revocation period have elapsed, for conditional reinstatement of the driver's 
12.7 	license, subject to the ignition interlock restriction.
12.8 	(c) A program participant whose driver's license has been revoked under section 
12.9 	169A.52, subdivision 3, paragraph (a), clause (3), or subdivision 4, paragraph (a), 
12.10 	clause (3), or section 169A.54, subdivision 1, clause (3), may apply, after 30 days of 
12.11 	the revocation period have elapsed, for conditional reinstatement of the driver's license, 
12.12 	subject to the ignition interlock restriction.
12.13 	(d) A program participant whose driver's license has been revoked, canceled, or 
12.14 	denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or 
12.15 	subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, 
12.16 	clause (4), (5), or (6), may apply for a limited license, subject to the ignition interlock 
12.17 	restriction, if the program participant is enrolled in a licensed chemical dependency 
12.18 	treatment or rehabilitation program as recommended in a chemical use assessment, and 
12.19 	if the participant meets the waiting period and other applicable requirements of section 
12.20 	171.30. After completing a licensed chemical dependency treatment or rehabilitation 
12.21 	program and one year of limited license use without violating the ignition interlock 
12.22 	restriction, the conditions of limited license use, or program guidelines, the participant 
12.23 	may apply for conditional reinstatement of the driver's license, subject to the ignition 
12.24 	interlock restriction. If the program participant's ignition interlock device subsequently 
12.25 	registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall 
12.26 	cancel the driver's license, and the program participant may apply for another limited 
12.27 	license according to this paragraph, except that no waiting period shall apply.
12.28 	(e) Notwithstanding any statute or rule to the contrary, the commissioner has 
12.29 	authority to determine when a program participant is eligible for restoration of full driving 
12.30 	privileges, except that the commissioner shall not reinstate full driving privileges until the 
12.31 	program participant has met all applicable prerequisites for reinstatement under section 
12.32 	169A.55 and until the program participant's device has registered no positive breath 
12.33 	alcohol concentrations of 0.02 or higher during the preceding 90 days.
12.34 		Subd. 5.Penalties; program violations. (a) If a program participant tampers 
12.35 	with, circumvents, or bypasses a device; drives, operates, or exercises physical control 
12.36 	over a motor vehicle not equipped with a device certified by the commissioner; violates a 
13.1 	condition of a limited license issued under subdivision 4 and section 171.30; or violates 
13.2 	the program guidelines of subdivision 2, the commissioner shall extend the person's 
13.3 	revocation period under section 169A.52 or 169A.54 by:
13.4 	(1) 180 days for a first violation;
13.5 	(2) one year for a second violation; or
13.6 	(3) 545 days for a third and each subsequent violation.
13.7 	(b) Notwithstanding paragraph (a), the commissioner may terminate participation 
13.8 	in the program by any person when, in the commissioner's judgment, termination is 
13.9 	necessary to the interests of public safety and welfare. In the event of termination, the 
13.10 	commissioner shall not reduce the applicable revocation period under section 169A.52 or 
13.11 	169A.54 by the amount of time during which the person possessed a limited or restricted 
13.12 	driver's license issued under the authority of subdivision 4.
13.13 		Subd. 6.Penalties; tampering. (a) A person who knowingly lends, rents, or 
13.14 	leases a motor vehicle that is not equipped with a functioning ignition interlock device 
13.15 	certified by the commissioner to a person with a license issued under this section is guilty 
13.16 	of a misdemeanor.
13.17 	(b) A person who tampers with, circumvents, or bypasses the ignition interlock 
13.18 	device, or assists another to tamper with, circumvent, or bypass the device, is guilty of a 
13.19 	misdemeanor.
13.20 	(c) The penalties of this subdivision do not apply if the action was taken for 
13.21 	emergency purposes or for mechanical repair, and the person limited to the use of an 
13.22 	ignition interlock device does not operate the motor vehicle while the device is disengaged.
13.23 		Subd. 7.Rulemaking. In establishing the performance standards and certification 
13.24 	process of subdivision 1 and the program guidelines of subdivision 2, the commissioner 
13.25 	is exempt from chapter 14, including section 14.386. If rules are otherwise necessary to 
13.26 	implement this section, the commissioner may adopt, amend, and repeal rules using the 
13.27 	exempt procedures of section 14.386, except that paragraph (b) shall not apply.

13.28 	EFFECTIVE DATE. Subdivisions 1 to 6 are effective July 1, 2011. Subdivision 7 
13.29 	is effective August 1, 2010.

13.30 	Sec. 14. Minnesota Statutes 2008, section 609.131, subdivision 2, is amended to read:
13.31 		Subd. 2.Certain violations excepted. Subdivision 1 does not apply to a 
13.32 	misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph (e); 171.306, 
13.33 	subdivision 6;609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or 617.23, 
13.34 	or an ordinance that conforms in substantial part to any of those sections. A violation 
14.1 	described in this subdivision must be treated as a misdemeanor unless the defendant 
14.2 	consents to the certification of the violation as a petty misdemeanor.  

14.3 	EFFECTIVE DATE. This section is effective July 1, 2011.

14.4 	Sec. 15. RULEMAKING.
 14.5 	The commissioner may adopt, amend, or repeal rules as needed to administer 
14.6 	Minnesota Statutes, section 169A.55, subdivision 4, using the exempt procedures of 
14.7 	Minnesota Statutes, section 14.386, except that paragraph (b) shall not apply.

14.8 	EFFECTIVE DATE. This section is effective August 1, 2010.

14.9 	Sec. 16.  REPEALER.
 14.10 	Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision 
14.11 	1; 171.30, subdivision 2c; and 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, are 
14.12 	repealed effective July 1, 2011.